You should think carefully if you are considering Contesting a Will.
The death of a family member or friend can be a really difficult time for you and your family. Being deprived of your inheritance, or not being provided for adequately, at such an emotionally diffcult time in your life is tough. There may be a chance for you to fix this problem by Contesting a Will.
In some circumstances it is possible for you to contest a Will. This is provided you have a legitimate claim to the estate. However, like with most of life’s decisions the answer to can you do something is different to should you do something. There are things you really need to consider carefully before you make the decision to contest a Will.
Your first step should be to begin by formulating a clear plan, and gaining an understanding of what you need to do. Speaking with a lawyer at this early stage is going to save you a significant amount of time and money.
Not any person can simply challenge a Will. In NSW only an ‘eligible’ person may contest a Will. This means you want the estate to provide for the maintenance, education or advancement in your life. Whether you are an eligible person depends on the relationship you had with the deceased person.
There isn’t an unlimited timeframe for you to contest a Will. You must ensure that any claim to contest a Will is brought within 12 months time since the date of death otherwise you risk losing your right to the estate.
You should also bear in mind the practical consequences of contesting a Will. The effect on you and those around you should be considered, as hard feelings may be stirred by your contemplation of a contest.
It is also important to consider the value of the estate you are considering contesting. The estate is responsible for paying all of the legal fees of any contest. If the estate is too small you run the risk of taking all of the value of the estate from the beneficiaries. Put simply, Contesting a Will may destroy the relationships around you. These are some of the most important relationships in your life. You need to ask yourself, is the challenge really worth it?
If you feel there isn’t something quite right about the way the Will of your loved one was made then you should consider Challenging a Will.
Your decision of whether to contest a Will is not a simple one. Contacting our team at Vaarzon-Morel Solicitors at the early stage of the process will assist you in making an informed decision that is the best for you in your circumstances.